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en-usTechdirt. Stories filed under "coverage"https://ii.techdirt.com/s/t/i/td-88x31.gifhttps://www.techdirt.com/Thu, 25 Aug 2016 06:37:00 PDTComcast/NBC Tone Deafness, Not 'Millennials' To Blame For Olympics Ratings DropKarl Bodehttps://www.techdirt.com/articles/20160824/07043235327/comcast-nbc-tone-deafness-not-millennials-to-blame-olympics-ratings-drop.shtml
https://www.techdirt.com/articles/20160824/07043235327/comcast-nbc-tone-deafness-not-millennials-to-blame-olympics-ratings-drop.shtmlstopped watching in disgust. As a result, the Rio Olympics were the lowest rated Summer Olympics since 2000, with average viewership down 17% and an overall audience that was 25% smaller than 2012 in the 18-to-49 demo.

We've already noted how a big reason was Comcast/NBC's absolute refusal to actually listen to paying customers and heed lessons from the cord cutting era. But a Bloomberg headline this week proudly crowed that Millennials were somehow to blame for the slide. Amusingly, the piece cites a comment from NBC exec Steve Burke, who last June described a scenario he said would be a "nightmare":

"We wake up someday and the ratings are down 20 percent,” the chief executive officer of NBCUniversal said at a conference. “If that happens, my prediction would be that millennials had been in a Facebook bubble or a Snapchat bubble and the Olympics have come, and they didn’t know it."

That is, so we're clear, an NBC exec predicting that if NBC's Olympics ratings dropped, it would be the fault of Millennials living in a bubble -- not possibly due to anything NBC did. And with ratings dropping from 17 to 25%, Burke's nightmare scenario effectively came true. NBC is quick to point out that streaming was actually up, but that wasn't able to help an overall dive in ratings. And while Comcast/NBC is quick to insist it's adapting to consumer demand, people young and old found Olympic streaming to be an annoying and cumbersome experience littered with paywalls, delays, authentication issues, and other headaches:

"I’m sure NBC were patting themselves on the backs for how easy it would be to watch online this year, but that’s only true for cable subscribers, a slowly shrinking percentage of the US population, especially for Millennials. The reason NBC is losing Millennials to other platforms for entertainment is because all of those platforms have lowered the barriers to enjoy the programming. I can sign up for Hulu, Netflix, and HBO nearly in an instant. Oh, and did I mention they’re all ad free (with a premium on Hulu)?

Had NBC offered the entire Olympic Platform for a small fee (less than $10), they probably would have seen their Millennial numbers skyrocket. Hell, they could have charged $5 more for an “Ad Free” presentation and padded their pockets even more. But instead, they relied on the old dying models of traditional broadcast network and revenue models of years past, and it bit them in the ass.

Why is streaming so clunky and difficult? Because most cable industry streaming efforts are designed to give the illusion of innovation, flexibility and adaptation, without actually providing any of these. Why? Because offering a truly easy, inexpensive online streaming service (Olympics or otherwise) would cannibalize the traditional cable TV cash cow. As such, easy, flexible and inexpensive streaming remains an intentional afterthought, and will until cord cutting finally reaches critical mass. In short, like so many legacy industries, pay TV won't truly adapt until the house is fully engulfed in flames.

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]]>we'll-adapt-when-we-damn-well-feel-like-ithttps://www.techdirt.com/comment_rss.php?sid=20160824/07043235327Thu, 11 Jun 2015 13:44:16 PDTEvery Kill A 'Good' Kill: How Police And The Media Cooperate To Disparage The DeadTim Cushinghttps://www.techdirt.com/articles/20150603/11024131209/every-kill-good-kill-how-police-media-cooperate-to-disparage-dead.shtml
https://www.techdirt.com/articles/20150603/11024131209/every-kill-good-kill-how-police-media-cooperate-to-disparage-dead.shtml
Cops kill a lot of people. Depending on who's counting, they've already killed between 385 and 470 people this year. This isn't to say that some of these killings weren't justified, but when details begin leaking out about the those killed, the amount of force in relation to the threat posed is often questionable.

The "machete" turned out to be just a knife, albeit a "military-style black knife," because black knives are inherently more evil and dangerous than those in any other color. #blackknivesmatter

What appeared to be a mishandling of a potentially-dangerous situation is now a fully-justified kill of a terrorist. Everyone is just supposed to take these claims at face value, despite the assertions raising more questions than they actually answer.

If Rahim was so dangerous, why didn’t the constant surveillance result in any charges? If — as the media spent all day claiming — he was on the verge of executing a horrific terror attack, why didn’t law enforcement agents have an arrest warrant or even search warrant? What was their intention in approaching him this way? Were they wearing uniforms, and — supposedly believing he was an ISIS operative eager to kill police — did they do anything to make him feel threatened?

Notably, none of the media outlets regurgitating police assertions bothered to probe the issues raised by these statements.

This, unfortunately, is all too common. Disparaging the dead is the national pastime, in terms of police-press relations.

A suicidal man wielding a knife is shot in his bed by police officers responding to a call to a non-emergency line at a local hospital -- in which his girlfriend stated he was threatening to hurt himself. Completely unprompted, this is what police had to say to the victim's mother:

Denise said [Detective Mike] Smith then told her about “this new trend in law enforcement now—it’s called suicide by cop.” She said Smith explained “suicide by cop” is when suicidal people provoke the police in an effort to end their own lives.

She said Smith wouldn’t tell her family where or how many times their son was shot.

Just like that, the dead man was posthumously awarded the department's "He Was Asking For It" award. Further details on the shooting were withheld, because a bloodstained bed with bulletholes in it hardly portrays the shooting victim as a "threat."

Akai Gurley, shot in the stairwell of a New York City apartment complex, was committing no crime when he was shot. Rather, the officer who shot him was patrolling the stairwells with his gun out and needed little more than a startling noise to justify opening fire. What did the media lead with?

Gurley has 24 prior arrests on his record, police said.

As if that mattered. The officer didn't recognize Gurley and assume he was looking for number 25. The officer couldn't even see who he was shooting at, because the stairwell was unlit. The unprompted rap sheet delivery by police sources was CYA in the form of presumed guilt.

When a Ferguson police officer shot an unarmed Michael Brown, the press led with what it had been fed: Brown had participated in a "strong arm robbery" (which was actually just shoplifting combined with an altercation with the owner). When an NYPD officer choked Eric Garner to death, the airwaves filled with mentions of his previous arrest record (for minor things like selling untaxed cigarettes) and even extended so far as to implicate the person who recorded the incident, who had "previous arrests" and the coincidental misfortune of a post-recording arrest for possession of a handgun.

People from across the region have been asking whether Rice grew up around violence. The Northeast Ohio Media Group investigated the backgrounds of the parents and found the mother and father both have violent pasts.

[Police and police supporters] from across the region have been [trying to spin this shooting of a 12-year-old]. The Northeast Ohio Media Group [has obliged them].

We're already skeptical of FBI claims that someone is "involved" in terrorist activities or has been "radicalized." The FBI has no one to blame for this perception but itself. The recent shooting that quickly turned an armed male into a terrorist on the prowl, operating at the behest of ISIS, is another in a long line of post-shooting justification attempts. In most cases, the officers involved know little to nothing about the person they've just killed. But that changes swiftly when an incident turns deadly. Suddenly, there's a killing to defend and every public record and every law enforcement database must be scoured to find that "justification." Somehow, a past conviction becomes current guilt, even if the victim was doing nothing illegal at the time and did little to justify the use of deadly force.

The police chief refused to comment on Robinson’s criminal history or run-ins with police.

“I could but I choose not to,” he said at a press conference Saturday.

“I frankly think it is, for our purposes today, wholly inappropriate and I am not going to blemish anyone’s character, particularly someone's as young as his.”

This was backed up by the mayor of Madison.

Madison Mayor Paul Soglin, who said he met with Robinson’s family the night of the shooting, said officials aren’t going to put the teen on trial.

“That’s not what this is about. What this is about is finding out exactly what happened that night and to determine, then, responsibility,” he told CNN’s “AC360.” “We know that he was not armed, and as far as the police chief and I are concerned … the fact that Tony was involved in any kind of transgression in the past has nothing to do with this present tragedy.”

Unfortunately, the media refused to join the police chief and mayor on the high ground.

As much as Koval and Soglin conducted themselves admirably, the media is so bound to the gutter that it couldn’t bear the idea of not throwing dirt on the body.

"Wisconsin Circuit Court documents indicate Robinson pleaded guilty in December to an armed robbery that occurred last April."

Because the cops refused to smear Robinson, the media had to do its own dirty work and dig up whatever nastiness “court documents” might offer. And if CNN’s smear isn’t bad enough, try ABC’s:

"Inside, Kenny found Tony Robinson, a 19-year-old who had previously pleaded guilty to armed robbery charges in 2014."

They could have described Tony Robinson as “a 19-year-old who was loved by his family, who saved kittens from a tree, who had a lovely smile and joy for life, who appeared to have had an unforeseeable psychotic breakdown,” but no. Instead, they described him as a guy who was guilty of armed robbery charges.

Even if law enforcement officials bite their tongues when faced with the opportunity to clear themselves and disparage victims, media outlets can't seem to help themselves. Too many media outlets ingratiate themselves with local law enforcement -- not only by rebroadcasting questionable assertions, but by digging up any potentially damning fact that law enforcement left untouched.

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]]>'past performance ALWAYS indicative of this thing that just now happened&#39https://www.techdirt.com/comment_rss.php?sid=20150603/11024131209Wed, 31 Jul 2013 04:23:19 PDTCable News Networks 'Grant' Manning Verdict A Whole Five Minutes Of CoverageTim Cushinghttps://www.techdirt.com/articles/20130730/18591224010/cable-news-networks-grant-manning-verdict-whole-five-minutes-coverage.shtml
https://www.techdirt.com/articles/20130730/18591224010/cable-news-networks-grant-manning-verdict-whole-five-minutes-coverage.shtmldelivered yesterday but if you were expecting to see any coverage on the 24-hour news networks, there's a good chance you missed it, possibly by leaving the room momentarily, channel surfing, or enjoying one of the many hundreds of blinks that provide your eyes with much-needed lubrication.

Can't say I blame them. There's no exciting angle to pursue, being completely devoid of partisan wrangling, sexting, royal births, or any other populist "hook." Instead, it's just a run-of-the-mill example of an embarrassed government lashing out at someone who hung a bit of its dirty laundry out to dry.

In general, these sorts of stories are only provided will-this-do minimal coverage by mainstream media outlets, many of which have become satisfied with lending credibility to administration talking points or presenting a garish caricature of the "opposing viewpoint." These roles rotate as needed, depending on the administration's party affiliation.

Manning exposed a lot of wrongdoing and questionable behavior, something that should have forced our government and military-industrial complex to take a long hard look at themselves. Instead, the administration has made every effort to shoot the messenger -- any messenger.

But screw 'em. It's not as if those seeking better coverage of events like these don't have hundreds or thousands of other sources to choose from, most of which don't feel compelled to play softball in order to protect their access to the Beltway. The downside is that those seeking new voices will be deterred by the mainstream media, which frequently paints the internet as a the world's largest Mom's basement, filled with bathrobe-wearing bloggers spouting off conspiracy theories and Tweeted banalities, bereft of tact and deference.

I'd argue that the mainstream media is the world's largest Old Boy Network, filled with shiny vacuous objects spouting off round-the-clock banalities and regurgitated talking points, bereft of skepticism or a functioning conscience.

But, you know, maybe that's just me.

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]]>pardon-the-interruption...-here's-more-Weinerhttps://www.techdirt.com/comment_rss.php?sid=20130730/18591224010Mon, 1 Apr 2013 13:03:00 PDTNo, Freak Gross Injuries Shouldn't Mean Media Outlets Can't Show ThemTimothy Geignerhttps://www.techdirt.com/articles/20130401/09182922535/no-freak-gross-injuries-shouldnt-mean-media-outlets-cant-report-them.shtml
https://www.techdirt.com/articles/20130401/09182922535/no-freak-gross-injuries-shouldnt-mean-media-outlets-cant-report-them.shtml
Perhaps it's time we codified this, but it appears that for every horrible occurrence there will be an unequal, disproportionately large reaction to it. I humbly suggest we refer to this as Geigner's Law, because why the hell should Mike and Godwin be the only people with their name's attached to things? Regardless, it seems to me that this odd rule has been more greatly followed in the age of the internet. Terrorism got you down? Well, then obviously everyone should censor all things even remotely terrorist. A bunch of people lost their marbles and went on shooting rampages? Surely this means protected speech like videogames should face the consequences.

And, now that anyone remotely interested in college basketball had to spend Sunday evening figuring out how to get their previously eaten Easter dinner out of their carpeting thanks to Kevin Ware's disgustingly awful injury on live television, it's apparently time to call out any news outlet that showed the injury in the aftermath.

Don’t give me the Deadspin “Warning: Very Gross” alert either, as though that somehow absolves you from any sin; hell, the video embedded in that Deadspin post is stuck on a preview frame that pretty clearly shows Ware’s shin bone sticking through his leg. Even if you don’t want to watch the video, you don’t really have a choice.

Sites like The Big Lead may have one-upped even the freeze frame preview; by initially including a fully animated GIF on their immediate blog post about the injury before pulling that GIF in favor of just the reaction shot of the Louisville bench, TBL managed to not only generate thousands (and possibly tens of thousands) of hits, but then were able to play the high and mighty, “we’re not going to show that anymore” card a couple hours later – presumably after searches for “Kevin Ware Injury” had died down. It’s hypocrisy of the highest magnitude.

Look, let me be super clear here: the Ware injury footage is brutal. The guy's shin bone snapped in half and the angle of the shots show it with cookie-tossing clarity. In my opinion, you shouldn't watch it, unless you've ingested some kind of poison and you're looking to throw it up. I wouldn't even think of embedding the video here. It's that bad.

And that it's that bad is also my opinion. The simple fact of the matter is that sports is news, this injury is news, and the footage of it is news. We can argue all we want about whether that footage has value for the news consumer, and I'd argue it does as a matter of public inquiry, but that it's news cannot be doubted. There really is no argument to the contrary, as the article's author themselves note.

I don’t care that it’s “newsworthy” – write the story, and let the gawking onlookers go find the video for themselves.

Follow the two logical problems in these statements. First, don't show the footage, because everyone can already find it everywhere else. Surely calling on the media to censor themselves would never result in calls for similar censorship elsewhere, eventually disappearing this and perhaps even more newsworthy footage altogether. What could possibly go wrong? Secondly, if uncomfortable but newsworthy footage can be buried for something like sports under the notion that nobody should be getting "clicks" or money as a result of someone else's pain, does that also hold true for news items about war, gun-violence, murder, drugs, etc.?

The fact is that the original premise was right, just pointed at the wrong target. Yes, in the age of the internet, people have choices in how they consume the news. What that means is not that the media should self-censor upsetting footage. It means that anyone, like me, who wants the news without that footage can indeed get it elsewhere.

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]]>ouchyhttps://www.techdirt.com/comment_rss.php?sid=20130401/09182922535Mon, 9 Jan 2012 14:10:00 PSTStudy Confirms: News Networks Owned By SOPA Supporters... Are Ignoring SOPA/PIPAMike Masnickhttps://www.techdirt.com/articles/20120108/00533117331/study-confirms-news-networks-owned-sopa-supporters-are-ignoring-sopapipa.shtml
https://www.techdirt.com/articles/20120108/00533117331/study-confirms-news-networks-owned-sopa-supporters-are-ignoring-sopapipa.shtmlnewspapers, they still have been almost entirely absent from TV news. We've discussed this in the past, noting that the major TV news players are all owned by media conglomerates who have been major backers of SOPA/PIPA. There was some indication that cable news was starting to pay attention... but things have gone quiet since then (perhaps upper management sent out a memo...).

As the Stop Online Piracy Act (SOPA) makes its way through Congress, most major television news outlets -- MSNBC, Fox News, ABC, CBS, and NBC -- have ignored the bill during their evening broadcasts. One network, CNN, devoted a single evening segment to it.

The report does note that there have been articles online... but very few TV segments. It also discusses how much attention SOPA/PIPA is getting, concerning all the companies who have come out against it, the media coverage in the NY Times among other places, and the big GoDaddy flip-flop -- to highlight that this is a big story making waves.

Despite all of this, the response from American television news outlets has been to almost completely ignore the story during their evening programming. The lone exception was a segment on CNN's The Situation Room with Wolf Blitzer in December, during which CNN parent company Time Warner's support for the legislation was not disclosed. (Though Fox News Channel has apparently not touched the story during evening programming, conservative/libertarian host Andrew Napolitano has run several segments vocally opposing SOPA on his program, which runs on the separate Fox Business Network.)

It's postulated that perhaps the issue is the fact that SOPA/PIPA don't fall along easily scripted left vs. right lines:

The fight over SOPA does not fit into the
usual left vs. right narrative that occupies so much of the political
horserace coverage with which TV news outlets fill their schedules. The cosponsors of SOPA come from both sides of the aisle. Likewise, the most vocal opponents of SOPA in Congress are an ideologically diverse bunch, including Nancy Pelosi (D-CA), Ron Paul (R-TX) and Darrel Issa (R-CA).

Either that... or the corporate folks upstairs don't want to allow this to become an even bigger story.

Of course, as I was writing this up, Tim Cushing was writing up the same story (coordination, people, coordination!), with an alternate theory -- which makes sense too. So, everything below the line is his read on the situation:
Tim Cushing's analysis: Gray areas seldom make compelling news, especially when there's no political angle to take. Beyond that, I think the mainstream media silence is also explained by the outdated thought process that still believes that the Internet Is Not Real.

First and foremost, the evening news is generally a broad overview of the days' happenings. Not only do they not have the time to delve into an issue that mainly affects an "ethereal" service like the web, but they also (ignoring any corporate bias for the sake of argument) have no interest in doing so. The cliche that "if it bleeds, it leads" likely eliminates a war that involves a bloodless dismantling of the internet. The internet is generally trotted out only as an example of how things are bad (online bullying, etc.) or how things are cute/weird (any crossover meme that can be easily brought up, discussed and dismissed forever in less than 60 seconds).

Even though many news teams invite you to follow them on Twitter or Facebook, the connection seems to go no further than that. The percentage of the population that still relies on the evening news to get them caught up on the world is unlikely to care about legislation that affects the internet.

In essence, the internet is still treated like some sort of fad infested with tech-y nerds and thus can be safely ignored when dealing with Real Issues on the nightly news. This attitude is pervasive, both within content companies and among our representatives. The gatekeepers pushing the legislation need the internet as much as it claims it needs them, but they want their own internet, one closer in spirit to The Village than the Wild West.

Our legislators are still amused by their own lack of internet prowess, indicating that they still believe the web to be some sort of "outlier" whose opinions can be easily dismissed. It's a cognitive gap, but it explains why the mainstream TV news so willingly ignores SOPA and the building momentum of its opposition: it's just the internet. It can be either humored or feared, but never respected.

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]]>but, of coursehttps://www.techdirt.com/comment_rss.php?sid=20120108/00533117331Mon, 1 Mar 2010 12:49:00 PSTEven Senators Hated NBC Universal's Olympic CoverageMike Masnickhttps://www.techdirt.com/articles/20100301/0252398339.shtml
https://www.techdirt.com/articles/20100301/0252398339.shtmlscrutiny by the Senate, as it seeks to merge with Comcast, it seems that it's antiquated broadcast schedule of the recent Olympics isn't helping matters. Senator Herb Kohl apparently sent a letter to NBC Universal boss Jeff Zucker, asking him to explain why NBC Universal's Olympic coverage was so incredibly lame. More specifically, he questioned if NBC's incredibly restrictive online Olympics video (much more restricted than two years ago at the Beijing summer Olympics) is a preview of "what is to come with respect to TV programming shown on the Internet."

While it may be a bit of a stretch to connect the two, it does seem like particularly poor timing and bad strategy by NBC Universal officials. Just as they're trying to convince the Senate (and others) that of course their content will be widely available in a post-merger world, they thought it would make sense to massively restrict the content shown during the Olympics -- including requiring viewers to first prove they had cable TV access from certain cable providers? And no one at NBC Universal thought that the loud complaints all over the internet about the ridiculous process and restrictions might wake up someone in the Senate?

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]]>ouchhttps://www.techdirt.com/comment_rss.php?sid=20100301/0252398339Thu, 18 Feb 2010 04:33:00 PSTNBC's Delayed Telecasts Show A Company Living In The Last CenturyMike Masnickhttps://www.techdirt.com/articles/20100217/1511548205.shtml
https://www.techdirt.com/articles/20100217/1511548205.shtmlpissed off that real news sources are reporting on what's actually happened. They're targeting the wrong thing, of course. If they're upset that the news is being reported before it's being shown on TV, the real problem is NBC's decision not to show stuff live on TV or to webcast it for those who would prefer to see it live. But people are taking out their anger on newspapers who are giving live reports of what's actually happening:

"Could you please ask the editor of the front Web page to not name the winners within the headlines/sub-headlines?" asked Ken Waters of Phoenix. Matt Gooch of Harrisonburg, Va. said he was disappointed when The Times reported the results of the men's downhill before NBC showed the event. "This is not Taliban news, nor TARP news, or even Paula Jones type news," Gooch said. "There is no meaning to this except the anticipation and suspense that sports viewers feel watching the event live. Please help me understand why your organization needs to spoil the experience."

Other news organizations are hearing similar complaints. Liz Spayd, managing editor of The Washington Post, told a reader who asked for a spoiler alert yesterday that, "It's an issue we're trying to evaluate right now." She said that it's a tricky question "for a news site whose greatest value is to break news. We don't want to be the game spoilers, but when big news happens -- an unexpected gold for the U.S., for example, we want it prominently visible on the site."

Thankfully, the NY Times "has no intention of changing its approach," recognizing that it's a news organization, rather than a business to prop up NBC's ridiculous broadcast scheduling choices.

This does highlight a larger issue that I've been noticing lately. In our more "real-time" society, especially with things like Facebook and Twitter, the idea that you can hide from "spoilers" is increasingly arcane. Now, for most broadcasters (other than NBC, apparently) this should represent good news: as it will drive more people to watch content live, rather than trying to save it for later, since they'll want to avoid spoilers ahead of time. In this case, though, NBC has apparently decided that it knows better than to enable such things.

Of course, plenty of people are smart enough to realize just how badly NBC is managing this, falsely believing that people will just sit and wait until NBC decides to show what it wants, rather than letting people actuallyfollow what's happening. News reports are popping up highlighting how many people are pissed off at NBC for the ridiculous decision to hide live events in a real-time world. With the end result being that NBC's brand is being dragged through the mud for not understanding how to broadcast a sporting event in a real-time world:

"In the age of DVRs, Hulu, and mobile phone scoreboards, the pointlessness of NBC's broadcast strategy -- Olympics and otherwise -- has never been more obvious. People don't eat dinner during Nightly News then settle in for three hours of prime-time network programming anymore. They want things when they want them, not when NBC wants them."

NBC's bizarre reasoning for this is that it wants to put all the "highlight" moments during prime time when it can sell the most advertising. But, apparently no one there thought that perhaps they could show the actual events live and then use prime time for a nice summary of what happened that day at the Olympics. In that way, they might actually get more viewers. If you ever wanted the epitome of a company still living in the last century, it appears to be NBC Universal.

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]]>wowhttps://www.techdirt.com/comment_rss.php?sid=20100217/1511548205Tue, 2 Sep 2008 10:10:00 PDTThe Mainstream Media Has No Shortage Of ResourcesTimothy Leehttps://www.techdirt.com/articles/20080826/0449062097.shtml
https://www.techdirt.com/articles/20080826/0449062097.shtmlYou regularly see people in the newspaper business, as well as some professional media critics, complaining about the terrible consequences of falling advertising revenues in the mainstream media. There seems to be a worry that as the Internet makes the news business more competitive, traditional media organizations won't be able to afford to do "real" reporting any more. It's not a crazy argument, but more often, the opposite seems to be true. Take the recently-completed Democratic Party convention. Ezra Klein points out that there were a ton of reporters who had to justify their presence at the convention, and so rather than focusing on what was happening on the stage (which they could have just as easily done by watching it on TV) they wandered around looking for trumped-up controversy to cover, giving undue attention (in Ezra's view) to a few disgruntled Clinton supporters. Meanwhile, Matt Yglesias points out that CNN appears to have flown its stars to Denver, put them up in hotels, and constructed an elaborate new set for them, all so they could "cover" the convention in precisely the same way they would have covered it if those same stars had stayed at home in Atlanta or DC. Far from having inadequate resources, on the most high-profile news stories, the mainstream media seems to squander vast sums of money on things that only marginally improve the quality of their coverage. There are a variety of factors that may be undermining the quality of mainstream media coverage, but at the moment, a lack of resources doesn't seem to be among them.

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]]>doing-less-with-morehttps://www.techdirt.com/comment_rss.php?sid=20080826/0449062097Fri, 20 Jun 2008 03:42:00 PDTLA Times Embarrasses Itself With Kozinski CoverageTimothy Leehttps://www.techdirt.com/articles/20080614/1348591407.shtml
https://www.techdirt.com/articles/20080614/1348591407.shtmlwrote about the hoopla surrounding some racy images and videos Judge Kozinski had accidentally made public on his personal web server. This week, it was announced that a panel of federal judges will be investigating Kozinski's conduct. I don't understand why an investigation is needed because it's pretty clear what happened, and that Kozinski did nothing wrong. My colleague Jim Harper links to a defense of Kozinski by Larry Lessig. I share Lessig's conclusion that the treatment of Kozinski has been disgraceful, but I don't think the analogy Lessig uses is especially apt. Lessig analogizes the situation to a man who climbs into Kozinski's den through a poorly-secured window and makes copies of the materials he finds within Kozinski's house. He also uses the term "hack" to describe the process of accessing Kozinski's files. I don't think this is quite right. It was a public web server; the files were readily available without a password to anyone who went looking for them. What was done to Kozinski was unsavory, but it wasn't illegal, and it's not analogous to breaking and entering.

A better analogy is dumpster diving. What happened was the digital equilvalent of somebody combing through Kozinski's trash and discovering an issue of Playboy. No respectable respectable newspaper would publish a front-page story about finding porn in a federal judge's trash. It's no more newsworthy that Kozinski inadvertently made some racy images available on his personal website. Kozinski's wife, Marcy Tiffany, wrote a letter about the affair that's well worth reading in full. She claims (and others agree) that the files were unearthed by an attorney with a grudge against Kozinski, who obtained the files months ago and has been shopping them around to different newspapers ever since. The LA Times apparently had this story months ago, but waited until Kozinski had finished the grueling work of impaneling a jury for a big obscenity case (it's hard to find a dozen people willing to watch hours of defecation and bestiality videos) before putting the story on its front page.

Even worse, the LA Times coverage appears designed to cast the material on Kozinski's computer in the worst possible light. For example, it describes one video as depicting "a half-dressed man cavorting with a sexually aroused farm animal." This description prompted a number of follow-up reports, including one in the San Francisco Chronicle, to describe the contents of the video as "bestiality," despite the fact that the video in question obviously doesn't depict bestiality. (The Chronicle story was here, but the word "bestiality" has since been deleted) The LA Times really ought to apologize to Judge Kozinski for needlessly dragging his reputation through the mud.